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Amazon faces a putative class action lawsuit filed by a former customer who claims the e-commerce retailer automatically charged his bank account for a Prime premium membership without his consent.
Plaintiff Gregory Harris of California alleges that he purchased products on amazon.com and was informed that he would only be charged for those items. However, Harris claims that his account was upgraded to the premium membership Amazon Prime without his permission.
The Amazon class action lawsuit states that Harris was charged $107.91 for the Prime membership which was automatically taken out of his bank account. Although he canceled the membership after one withdrawal of $107, Harris alleges that Amazon would have continued to take unauthorized, reoccurring payments from his account had they not been stopped.
According to the Amazon Prime class action lawsuit, this is a “common scheme” of the internet retailer used to mislead and entice customers into making purchases from amazon.com, while customers are actually being charged more than what is represented. Harris claims that had Amazon properly represented the hidden fee, he would not have bought products on the website.
The Amazon false advertising class action lawsuit states that Amazon failed to take reasonable steps to inform Harris that he would be charged for a premium membership.
The plaintiff claims that Amazon failed to provide an opportunity for consumers to read and review the accurate conditions of the purchase prior to buying the items: “As such, defendant took advantage of defendant’s position of perceived power in order to deceive plaintiff and the class members to use its services.”
Harris states that the Amazon membership fee violates California’s False Advertising Act which makes it illegal to engage in advertising “which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading…”
The Amazon Prime membership class action lawsuit also claims that the company violated the federal Electronic Funds Transfer Act which states that a “preauthorized electronic fund transfer from a consumer’s account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made.”
If approved, the Amazon class action lawsuit would be open to all U.S. consumers who purchased products from amazon.com and were charged an additional membership fee. Harris is also hoping to represent a subclass of U.S. Class Members whose bank accounts were debited on a reoccurring basis by Amazon without obtaining a written authorization signed or similarly authenticated for preauthorized electronic fund transfers within the past year.
Another recently filed Amazon class action lawsuit regarding Amazon’s list price was dismissed in October 2015 by a California federal court. Plaintiffs Andrea Fagerstrom and Allen Wiseley, claimed that Amazon misrepresented competitive pricing by only selecting the highest price it could find for a particular item. According to the court, the plaintiffs accepted the terms of Amazon’s arbitration agreement at the time they made their online purchase therefore the case was dismissed.
Harris is represented by Todd M. Friedman and Adrian R. Bacon of The Law Offices of Todd M. Friedman PC.
The Amazon Prime False Advertising Class Action Lawsuit is Gregory Harris, et al. v. Amazon.com LLC, Case No. BC606984 in the Superior Court of California For the County of Los Angeles.
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165 thoughts onAmazon Faces Prime Membership Class Action Lawsuit
My 3rd experience with this thieving company. Someone gotta sue them. I need info, as I really dont mind being the first. Gosh im so pissed!!! First they sent me an email ‘confirming’ that I signed up for prime, So I called a rep immediately who told me to disregard it. (It’s almost like they do this often hence know why ure calling) she assured me That even tho my email ‘said so’ there is no prime subscribtion linked to my account, therefore I shouldnt worry. I checked out my account and there was indeed no prime subscribtion. (So why did I get an email from them?) This was on November 25th last month. Today? boom! they took out $89 from my account…I was few dollars shy of catching and nsf fee for something I knew nothing about, can u imagine. Im hoping there are ppl out there who’s been through this so we can all collectively file a law suit. U cant even sign up for shit nowadays without being nervous over ur money’s safety. Its like the poorer u are the more likely u are to loose ur money for no damn reason. My amazon days are so over. I hope a more reputable retail platform who values and respect thier customer finances, comes along and throw this thieves out of business. Now I gotta wait for 3 to 5 days to get my money back…how can u do that to ppl when holiday is just around the corner? Wow!! If ure signing up with amazoj…please don’t save ur card information with them…they deep thier hand into ur funds however they please.
Has happen to me also and never got the full amount refunded.
Something similar happened to me! They charged my account for a prime membership out the blue and then told me to call my bank to get their help -_-!
My wife passed away from cancer at the end of June 2017. Suddenly her Discover card is charged $11+ for Amazon Prime for September and October 2017. I called Amazon so-called Customer Service and asked what gives, my wife is dead. I was told that I needed the email that she used to set up the membership. Now, my wife is dead, cold stone dead, her ashes sitting in my house, and somehow they want to know what email SHE used to set up an Amazon Prime membership in September? As much as I endeavored to explain that she is dead and has to capacity whatsoever to set up anything the CR insisted that the email was needed due to safety protocol. Seriously? Safety protocol. Absolutely, adamantly refused to look up any info on this fraud without this phantom email. I had to go to Discover, get THEM to credit the account and close the account, I am an authorized user on the Discover card so I lost the account as well. Advice? Go slow, very slow when and if you ever order from Amazon again. Double check every little box, check and double check everything you need to do before you place the order. And still do not be surprised if your dead spouse somehow signs up for something. Amazon, put it where the sun never shines.
I had the same issue with mine! I was charged for Amazon Prime Student today when I didn’t even sign up. I had to cancel and it’s now refunding but there wasn’t even money in the account it’s trying to take from.
Add me please!
Amazon did the same thing to me with the prime membership and it was a huge headache. How can I be added?
This type of stealth opt-out subscriptions are enough to make the customers go all ISIS on Amazon, LinkedIn et al., basically your typical American-style MNC.
I have been subscribed in multiple services I did not authorize. Showtime. fandor? Audible, no one can tell me what new charges are. Over $500 and books on my kindle I never ordered. They are out of control.
Amazon just charged me seller fees of $79.98 for some old account I never used. I called them up and told them to refund it immediately as it was an unauthorized charge. A week or so later, I call them back, ask them where my refund is, and they decided to send it today.. but.. they sent it some old bank account. I told that that isn’t my bank account, and they are telling me I have to wait for a trace on it.. I told them it isn’t my problem, give me back my money. I don’t care if they want to send their money to the wrong place, they can figure that out on their own. I want my money back. They tell me that they don’t have the capabilities of refunding a credit card for an unauthorized charge.. which is a boldface lie. Why should I have to wait for them? I am not in the business of floating amazon, or loaning them money. If they want a loan, they need to pay some serious interest, and some closing fees. Also for my time on the phone, and emailing them. Just because they force you to put a credit card on file, shouldn’t make it where they can charge it whenever they feel necessary. Sure charge a million accounts for $80 each, and there is a float, while they tell you it will take x amount of time before they can give it back to you. I am ticked off. Then, all their reps are foreigners who barely speak or understand English.. why don’t they have call centers in each of the respective nations to handle that nations calls? They really need people from Asia, or India to answer calls?
from James P. Benassi on May 3, 2017
Without approval Amazon signed me up for Amazon Prime. I was in the middle of ordering some items when up pops a box saying I was signed up for Amazon Prime. There was no way to cancel. I called customer service (an oxymoron) and was informed that under one of the shipping option which says nothing about Amazon Prime they sign me up for it automatically. They had no way to know which shipping option I chose since the order had not been placed . . . and never was. Unlike their normal procedure, the Amazon Prime did not show up in the Cart and could not be removed. Even if you change the wrong shipping option, it is too late since they place the “order” for Amazon Prime immediately after the wrong button is chosen.
Customer service did cancel the Amazon Prime but said that, if I ever do sign up for it, I do not get the 30 day free trial period. And, they just assumed I would finish placing my order.